Family of man killed at Machesney Park tavern shocked the suspect is out of jail

Friday

Feb 21, 2014 at 7:54 PMFeb 21, 2014 at 7:54 PM

By Jeff KolkeyRockford Register Star

Editor's Note: This story was edited to correct the name of Matthew J. Duncan who was arrested in connection with a January altercation at a Machesney Park bar that killed Michael Eash Jr. Also, although Judge Rosemary Collins was assigned to the case, she did not set bond for Duncan on a subsequent arrest stemming from 2012 allegations.

ROCKFORD - The grief-stricken uncle of a man killed during a confrontation at a Machesney Park tavern says his family was shocked to learn this week that the suspect charged in the attack is free on bond despite a lengthy criminal history.

Michael Eash Jr., 40, suffered critical head injuries and died Feb. 1, nearly two weeks after he was pushed to the pavement Jan. 20 during an altercation in a smoking enclosure outside Legends Sports Bar, 618 Superior Ave.

Matthew J. Duncan, 29, of Machesney Park turned himself into authorities on charges of aggravated battery three days after the initial incident. Winnebago County Sheriff's Police had distributed a still image to news media of Duncan at the bar taken from security camera footage.

Duncan has not been brought to trial on the charges but is expected to plead not guilty. His lawyer, Byron Sloan, did not immediately return a call Friday seeking comment.

John Eash, the uncle of the slain man, said his family is frustrated that charges against Duncan were not upgraded when his nephew eventually succumbed to his injuries and died.

"We thought when Michael passed, the charges would go up to manslaughter, and they have not," Eash said.

Winnebago County Sheriff's Police Deputy Chief Dominic Iasparro said the case remains under investigation. Further charges could be pending upon completion of a final autopsy report.

But family members are also dismayed, Eash said, that Duncan is, for now, a free man.

DeKalb County records indicate a lengthy arrest record on various domestic battery, robbery and battery charges in addition to his convictions. Duncan was convicted of a 2004 robbery and sentenced to 36 months' probation, sentenced to a year in jail on a 2005 criminal trespassing conviction, sentenced to two years on a 2006 aggravated battery conviction, one year in jail for a 2008 mob action conviction and to two years' probation on a 2011 obstruction of justice conviction.

Two Winnebago County judges have allowed Duncan to bond out of jail, electronic court records indicate.